agenda of regular meeting of the civil service commission ... · the civil service commission...

STATE OF NEW JERSEY

CIVIL SERVICE COMMISSION Chris Christie Governor

Kim Guadagno

Lt. Governor

Robert M. Czech Chair/Chief Executive Officer

New J ersey is an Equal Oppor tun ity Employer

w w w . s t a t e . n j . u s / c s c

AGENDA OF REGULAR MEETING OF

THE CIVIL SERVICE COMMISSION

J ANUARY 25, 2012

Robert M. Czech , Ch airperson

Robert E. Bren n er

Th om as J . P ern a

Rich ard E. William s

CIVIL SERVICE COMMISSION MEETING J ANUARY 25, 2012 2


SECTION A – HEARING MATTERS

A-1 SETTLEMENTS

In the Mat ter of Rober t J . Brockman

City of Hoboken

Depar tment of Environmenta l Services

Suspension and Demot ion

In the Mat ter of Ba t ina Counts

Trenton Psychia t r ic Hospita l

Depar tment of Human Services

Suspension

In the Mat ter of Gary Degree

Bur lington County

County J a il

Suspensions (2)

In the Mat ter of Dennis DiAngelo

Camden County

Municipa l Ut ilit ies Author ity

Remova l

In the Mat ter of Ka t ie Dunn

City of East Orange

Police Depar tment

Remova l

In the Mat ter of Deborah F itzpa t r ick

Monmouth County

Correct ions and Youth Services

Suspension

In the Mat ter of Michael Fowlkes

Cumber land County

Depar tment of Correct ions

Remova l

In the Mat ter of Kimber ly Grube

Hunterdon Developmenta l Center


Return to permanent t it le a t the end of the working test per iod


In the Mat ter of Shante Harr is

City of Newark

Police Depar tment

Suspension

In the Mat ter of J ames Kriegner

Mercer County

Depar tment of Public Safety

Remova l

In the Mat ter of Barbara E. Lee

Trenton Psychia t r ic Hospita l

Depar tment of Human Ser vices

Suspension

In the Mat ter of Leslie Manning

Woodbine Developmenta l Center


Remova l

In the Mat ter of Deborah J ohnson -McCall

At lan t ic County


Remova l

In the Mat ter of Kim Stewar t

Greenbrook

Regiona l Center


Remova l

In the Mat ter of Emmanuel Unegbu

Greenbrook Regiona l Center


Remova l

In the Mat ter of Angela Waite

Ancora Psychia t r ic Hospita l


Remova l


In the Mat ter of Pa t r ick Walker

Union County

Runnells Hospita l

Release a t the end of the working test per iod

In the Mat ter of Chr istopher Wilson

Middlesex County

Depar tment of Adult Correct ions

Suspension

RECOMMENDATION OF THE ADMINISTRATIVE LAW J UDGE IN

THE ABOVE CASES – SETTLEMENT

ACTION:

A-2 J EFFREY EATON

J effrey Ea ton , Senior Correct ion Officer , Alber t C. Wagner Youth

Correct iona l Facility, Depar tment of Correct ions, 120 working day

suspension on charges of neglect of duty, other sufficien t cause and viola t ion

of a ru le, regula t ion , policy, procedure, order , or administ ra t ive decision .

Recommenda t ion of the Administ ra t ive Law J udge – Reverse the 120

working day suspension .

ACTION:

A-3 KEISHA MCGEE

Keisha McGee, Senior Cor rect ion Officer , Nor thern S ta te Pr ison , Depar tment

of Cor rect ions, 60 working day suspension on charges of conduct unbecoming

a public employee, other sufficien t cause and fa lsifica t ion .

Recommenda t ion of the Administ ra t ive Law J udge – Reverse the 60 working

day suspension .

ACTION:


A-4 J ODY P ITTMAN

J ody P it tman, Secreta ry Assistan t Typing, Newark School Dist r ict , 30

working day suspension on charges of conduct unbecoming a public employee

and other sufficien t cause.

Recommenda t ion of t he Administ ra t ive Law J udge – Uphold the 30 working

day suspension .

ACTION:

A-5 TONYA COLEMAN

Tonya Coleman, Human Services Assistan t , Ancora Psychia t r ic Hospita l,

Depar tment of Human Services, two remova ls effect ive February 16, 2010, on

charges of conduct unbecoming a public employee, ot her sufficien t cause,

fa ilure or excessive delay in ca rrying out an order which would not resu lt in

danger to persons or proper ty, fa lsifica t ion , insubordina t ion , viola t ion of

administ ra t ive procedures and/or regula t ion involving sa fety and secur ity,

and viola t ion of a ru le, regula t ion , policy, procedure, order or administ ra t ive

decision .

Recommenda t ion of the Administ ra t ive Law J udge – Uphold the remova l.

ACTION:

A-6 CHRISTOP HER EDMONDSON

Christopher Edmondson, Emergency Medica l Technician , Township of Nor th

Bergen , Depar tment of Public Safety, remova l effect ive May 24, 2011, on

charges of incompetency, inefficiency or fa ilure to perform dut ies,

insubordina t ion , neglect of duty, misuse of public proper ty, including motor

vehicles and other sufficien t cause.


ACTION:


A-7 KENNETH MERRIMAN

Kenneth Merr iman, Senior Correct ion Officer , Southern Sta te Correct iona l

Facility, Depar tment of Correct ions, 15 working day suspension , removal,

effect ive May 2, 2011 and remova l effect ive May 19, 2011, on charges of

chronic or excessive absenteeism or la teness, unsa t isfactory a t tendance and

job abandonment .

Recommenda t ion of t he Administ ra t ive Law J udge – Modify the 15 working

day suspension and the remova ls to a resigna t ion in good standing.

ACTION:

A-8 CHRISTOP HER THWEATT

Christopher Thwea t t , St reet Repa irer , City of Hackensack, Depar tment of

Public Works, remova l effect ive October 12, 2010, on charges of

incompetency, inefficiency or fa ilure to perform dut ies, insubordina t ion,

conduct unbecoming a public employee, viola t ion of Federa l guidelines

concern ing a lcohol and drug use and other sufficien t cause.

Recommenda t ion of t he Administ ra t ive Law J udge – Modify the remova l to a

180-day suspension .

ACTION:

A-9 P AULA WATKINS

Paula Watkins, Secur ity Guard, City of J ersey City, School Dist r ict remova l

effect ive J une 27, 2011, on charges of conduct unbecoming a public employee



ACTION:


A-10 DHOLEA WHEATON

Dholea Whea ton , Human Services Assistan t , New Lisbon Developmenta l

Center , Depar tment of Human Services, remova l effect ive August 21, 2008,

on charges of physica l or menta l abuse of a pa t ien t , clien t , resident , verba l

abuse of a pa t ien t , clien t , resident , inappropr ia te physica l contact or

mist rea tment of a pa t ien t , clien t , resident , viola t ion of a ru le, regula t ion,

policy, procedure, order or administ ra t ive decision , conduct unbecom ing a

public employee and other sufficien t cause.

Recommenda t ion of the Administ ra t ive Law J udge – Grant the appoin t ing

author ity’s mot ion for summary decision and uphold the remova l.

ACTION:

A-11 GLORIA WILLIAMS

Glor ia Williams, Senior Therapy Program Assistan t , Nor th J ersey

Developmenta l Center , Depar tment of Human Services, remova l effect ive

February 17, 2011, on charges of verba l abuse of a pa t ien t , clien t , resident , or

employee, inappropr ia te physica l contact or mist rea tment of a pa t ien t , clien t ,

resident , or employee, fa lsifica t ion , conduct unbecoming a public employee


Recommenda t ion of the Administ ra t ive Law J udge – Reverse the remova l.

ACTION:


SECTION B – MISCELLANEOUS MATTERS

B-1 The Division of Sta te and Loca l Opera t ions request s the inact iva t ion of 25

Sta te t it les.


ACTION:


B-2 The Division of Sta te and Loca l Opera t ions request s the consolida t ion of

va r ious local government t it les with in Occupa t iona l Group 81 (Occupa t ions

in Infrast ructure and St ructura l Repa ir and Maintenance).


ACTION:


B-3 The Division of Sta te and Loca l Opera t ions request s the renaming of the

Proper ty Clerk/Word Processing Opera tor to Proper ty Clerk/Keyboarding

Clerk 1 to more accura tely reflect the dut ies of the posit ion .

ACTION:


B-4 IDA SOTO CASTRO

Ida Soto Cast ro, a Child Care Qua lity Assurance Inspector 2 with the

Depar tment of Children and Families, appea ls the denia l of sick leave in jury

(SLI) benefit s.

ACTION:

B-5 GEORGE GROOM

George Groom, a Senior Correct ion Officer a t Mounta inview Youth

Correct iona l Facility, Depar tment of Cor rect ions, represented by J . Scot t

DeMasi, Esq., appea ls the denia l of sick leave in jury (SLI) benefit s.

ACTION:

B-6 WILLIAM HOLMES

William Holmes, a Senior Correct ion Officer with Bayside Sta te Pr ison ,

Depar tment of Cor rect ions, represented by Daniel Geddes, Esq., appea ls the

denia l of sick leave in jury (SLI) benefit s.

ACTION:

B-7 WENDY SUMMA

Wendy Summa, a Repa irer with Ancora Psychia t r ic Hospita l, Depar tm ent of

Human Services, appea ls the denia l of sick leave in jury (SLI) benefit s.

ACTION:

B-8 RICKY URGO

Ricky Urgo, a Senior Correct ion Officer with South Woods Sta te Pr ison ,

Depar tment of Cor rect ions, represented by Daniel Geddes, Esq., appea ls the

denia l of sick leave in jury (SLI) benefit s.

ACTION:


B-9 DONNA WALTON

Donna Walton , a Pr incipa l Clerk Typist with the Depar tment of Educa t ion ,

represented by Dennis Reiter , Sta ff Representa t ive, Communica t ions

Workers of America , Loca l 1033, appea ls the denia l of sick leave in jury (SLI)

benefit s.

ACTION:

B-10 CARLOS OLIVENCIA

Carlos Olivencia appea ls the remova l of h is name from the Elect r ician

(M0245K), J ersey City School Dist r ict eligible list on the basis tha t he fa iled

a ur ina lysis examina t ion .

ACTION:

B-11 AGRIP INO FIGUEROA

Agripino F igueroa , a F ire Capta in with the F ire Depar tment , City of

Camden, represented by Mitesh M. Pa tel, Esq., appea ls the determina t ion of

h is layoff r ights by the Division of Sta te and Loca l Opera t ions.

ACTION:

B-12 KIM MUCHOWSKI

Kim Muchowski, a Clerk 1 with Mount Laurel Township, represented by

Thomas Fagan, Sta ff Representa t ive, Communica t ions Workers of America

Loca l 1036, request s relief from the Civil Service Commission regarding her

layoff from the Depar tment of Administ ra t ion and F inance effect ive May 20,

2011.

ACTION:

B-13 ZACHARY VON LANGEN

The Township of Scotch P la ins request s relaxa t ion of N.J .A.C. 4A:4 -7.1A(c) so

as to permit the in tergovernmenta l t ransfer of Zachary Von Langen from the

t it le of Sher iff’s Officer , Union County Sher iff’s Office, to the t it le of Police

Officer , Scotch P la ins.

ACTION:


B-14 VLADIMIR J . CHRISTOP HE

Vladimir J . Chr istophe, represented by J oseph P in izzot to, Esq., appea ls the

decision of the Division of Sta te and Loca l Opera t ions, which found tha t the

appoin t ing author ity had presented a sufficien t basis to remove the

appellan t ’s name from the Cor rect ion Officer Recru it (S9999K), Depar tment

of Correct ions, eligible list on the basis of an unsa t isfactory cr imina l record.

ACTION:

B-15 HATEM GHANDOUR

Hatem Ghandour , represented by Richard J . Sapinski, Esq., appea ls the

decision of the Division of Sta te and Loca l Opera t ions, which upheld the

remova l of his name from the Correct ion Officer Recru it (S9999K),

Depar tment of Correct ion s, eligible list on the basis tha t he fa lsified h is

preemployment applica t ion .

ACTION:

B-16 MARVIN HARRISON

Marvin Harr ison appea ls the remova l of h is name from the eligible list for

Correct ion Officer Recru it (S9987M), Depar tment of Correct ions, on the basis

of an unsa t isfactory background repor t .

ACTION:

B-17 J ACQUELINE GONZALEZ

Passa ic County request s tha t J acqueline Gonza lez, an Employee Benefit s

Clerk, be t ransfer red from the Administ ra tor’s Depar tment to the F inance

Depar tment .

ACTION:

B-18 TED J ASINSKI

Atlant ic County request s tha t Ted J asinski be provided with a ret roact ive

da te of permanent appoin tment as a Program Development Specia list , Aging,

effect ive October 26, 1998.

ACTION:


B-19 J OHN R. MALINOWSKI, J R.

The City of Wildwood request s tha t J ohn R. Malinowski, J r ., be provided with

a ret roact ive da te of appoin tment , effect ive March 5, 2003, from the specia l

reemployment list for Supervisor , Water Meter Reading/Supervisor , Water

Meter Repa ir .

ACTION:

B-20 J OSEP H OLESZKIEWICZ

J oseph Oleszkiewicz, a Police Sergeant with the Borough of Lake Como,

represented by Richard C. Scir ia , Esq., request s tha t the Civil Service

Commission order t he appoin t ing author ity to appoin t h im as a Police

Lieutenant .

ACTION:

B-21 KRISTEN COLBRY

Kristen Colbry appea ls the determina t ion of the Division of Sta te and Loca l

Opera t ions tha t her posit ion with the Depar tment of Human Services is

proper ly classified as Accountant 2. The appellan t seeks a n Administ ra t ive

Ana lyst 2, Account ing classifica t ion .

ACTION:

B-22 ROSAMOND GLOVER

Rosamond Glover appea ls the determina t ion of the Division of Sta te and

Loca l Opera t ions that her posit ion with the Depar tment of Law and Public

Safety is proper ly classified as a Senior Clerk Typist . The appellan t seeks a

Lega l Secreta ry 2 classifica t ion .

ACTION:

B-23 GLORIA GRANT

Glor ia Grant appea ls the determina t ion of the Division of Sta te and Loca l

Opera t ions tha t the proper classifica t ion of her posit ion with the Depar tment

of Environmenta l Protect ion is Environmenta l Specia list 4, Site Remedia t ion .

The appellan t seeks an Environmenta l Scient ist 1 classifica t ion .

ACTION:


B-24 MARGUERITE HUBSCHER

Marguer ite Hubscher appea ls the determina t ion of the Division of Sta te and

Loca l Opera t ions that her posit ion with the Mercer County Clerk’s Office is

proper ly classified as a Pr incipa l Clerk Typist . The appellan t seeks a

Pr incipa l Word Processing Opera tor classifica t ion .

ACTION:

B-25 ADVOCATE VICTIM WITNESS P ROGRAM (C0173K), HUDSON

COUNTY

The Division of Sta te and Loca l Opera t ions pet it ions the Civil Service

Commission for enforcement of the decision rendered on September 2, 2009,

wherein the Commission ordered tha t the appoin t ing author ity proper ly

dispose of J une 30, 2008 cer t ifica t ion (OL081133) of the eligible list for

Advoca te Vict im Witness Program (C0173K), Hudson County.

ACTION:

B-26 CLERK 3 (P C1119L), MERCER COUNTY BOARD OF SOCIAL

SERVICES

The Mercer County Board of Socia l Services request tha t the promot iona l list

for Clerk 3 (PC1119L) be revived in order to make permanent appoin tments

from the list .

ACTION:

B-27 FIRE ALARM OP ERATOR (M0468M), P ATERSON

The appoin t ing author ity’s fa ilure to dispose of the cer t ifica t ion for F ire

Alarm Opera tor (M0468M), Pa terson , while provisiona ls a re serving in the

t it le, has been refer red to the Civil Service Commission for enforcement .

ACTION:


B-28 KEYBOARDING CLERK 2 (P C0610M) AND KEYBOARDING CLERK

2, BILINGUAL IN SP ANISH/ENGLISH (P C0611M), CAMDEN

COUNTY P ROSECUTOR’S OFFICE

The Camden County Prosecutor’s Office request s tha t the promot iona l list s

for Keyboarding Clerk 2 (PC0610M) and Keyboarding Clerk 2, Bilingua l in

Spanish /English (PC0611M) be revived in order to make permanent

appoin tments from the list s.

ACTION:

B-29 SUP ERVISOR 1, MOTOR VEHICLES (P S3685T), MOTOR VE HICLE

COMMISSION

In In the Matter of S upervisor 1, Motor Vehicles (PS 3685T ), Motor Vehicle

Com m ission (MSB decided May 21, 2008), the appoin t ing author ity’s request

for an appoin tment wa iver from the November 9, 2007 cer t ifica t ion was

granted and no select ion cost s were assessed a t tha t t ime since there was a

possibility tha t the list could be u t ilized pr ior to it s expira t ion . However , the

appoin t ing author ity did not u t ilize the subject eligible list and the mat ter of

the assessment of cost s is now befor e the Civil Service Commission .

ACTION:

B-30 TENNISE EZEKIEL AND NICOLE GRIFFIN

Tennise Ezekiel and Nicole Griffin , Senior Medica l Secur ity Officers with the

Ann Klein Forensic Center , Depar tment of Human Services, represented by

George T. Dagget t , Esq., appea l determina t ions of the Assistan t

Commissioner , which found tha t the appellan ts fa iled to suppor t a finding

tha t they had been subjected to a viola t ion of the New J ersey Sta te Policy

Prohibit ing Discr imina t ion in the Workplace.

ACTION:


B-31 NICHOLAS MANLA

The appea l of Nicholas Manla , a Cot tage Tra in ing Technician with Nor th

J ersey Developmenta l Center , Depar tment of Human Services, of h is

remova l, effect ive November 23, 2010, on charges, was heard by

Administ ra t ive Law J udge J esse H. St ra uss (ALJ ), who rendered h is in it ia l

decision on November 7, 2011. At it s meet ing on J anuary 11, 2012, the Civil

Service Commission adopted the ALJ ’s recommenda t ion to modify the

remova l to a 20 working day suspension . However , the Commission found it

necessa ry to address the except ions and cross except ions filed by the pa r t ies.

The proposed decision is now submit ted for the Commission’s review.

ACTION:

B-32 CHRISTOP HER P . TANG, J R.

The appea l of Chr istopher P . Tang, J r ., a Family Services Specia list 2 with

the Depar tment of Children and Families, of h is release a t the end of the

working test per iod, effect ive Apr il 15, 2011, was before Administ ra t ive Law

J udge Bea t r ice S. Tylu tki (ALJ ), who rendered her in it ia l decision on

November 14, 2011. At it s meet ing on J anuary 11, 2012, the Civil Service

Commission adopted the ALJ ’s recommenda t ion to acknowledge the

set t lement agreement between the pa r t ies. However , the Commission found

it necessa ry to address the except ions and cross except ions filed by the

pa r t ies. The proposed fina l decision is now submit ted for the Commission’s

review.

ACTION:

B-33 KRISTIN HANSEN

Krist in Hansen request s reconsidera t ion of the decision rendered on J u ly 13,

2011, which upheld the determina t ion of the Division of Sta te and Loca l

Opera t ions tha t the proper classifica t ion of her posit ion with the Depar tment

of Environmenta l Protect ion is Pr incipa l Environmenta l Specia list , Water

Resources.

ACTION:


B-34 KIM MUCHOWSKI

Kim Muchowski, a Clerk 1 with Mount Laurel Township, Depar tment of

Administ ra t ion and F inance, represen ted by Thomas Fagan, Sta ff

Representa t ive, Communica t ions Workers of America Loca l 1036, pet it ions

the Civil Service Commission for reconsidera t ion of the fina l administ ra t ive

decision , rendered on August 5, 2011, in which the Director of t he Division of

Mer it System Pract ices and Labor Rela t ions denied her request for a hear ing

with respect to the good fa ith of her layoff.

ACTION:

B-35 J OANNE BRIHN

J oanne Br ihn appea ls the determina t ion of the Division of Select ion Services

tha t she did not meet the exper ience requirements for the promot iona l

examina t ion for Administ ra t ive Ana lyst 2, Da ta Processing (PS2536G),

Depar tment of Environmenta l Protect ion .

ACTION:

B-36 SALARY REGULATIONS, FY 2012

Submit ted for the Civil Service Commission’s review a re the Sala ry

Regula t ions for F isca l Year 2012. These include the following: Aligned

Sa la ry Regula t ion , Non -Aligned Sa la ry Regula t ion , Management Sa la ry

Regula t ion, At tachment B – Specia l Provisions, Emergency Con dit ions Sala ry

Regula t ion, Specia l Incent ive Sala ry Regula t ion , and Miscellaneous Sa la ry

Regula t ions. They have been approved by Rober t M. Czech , Cha ir /CEO, Civil

Service Commission , and Char lene M. Holzbaur , Director , Division of Budget

and Account ing. I t is recommended tha t the Commission record these sa la ry

regula t ions.

ACTION:


B-37 P ROP OSED AMENDMENTS: N.J .A.C. 4A:3-3.7, TRAINEE,

AP P RENTICE, RECRUIT AND INTERN TITLES; AND N.J .A.C. 4A:3-

4.5, ANNIVERSARY DATES: STATE SERVICE

Submit ted for the Commission’s approva l is a Not ice of Adopt ion to amend

N.J .A.C. 4A:3-3.7, Tra inee, Apprent ice, Recru it and In tern Tit les; and

N.J .A.C. 4A:3-4.5, Anniversa ry Da tes: Sta te Service. The amendment to

N.J .A.C. 4A:3-3.7, which current ly only references t ra inees, is in tended to

codify the exist ing program regarding t ra inees, apprent ices, recru it s and

in terns in both Sta te and loca l service. The amendment to N.J .A.C. 4A:3 -4.5

would address adjustments of anniversa ry da tes in Sta te service for

employees advancin g to a pr imary t it le from a t ra inee, apprent ice, recru it or

in tern t it le. No comments were received dur ing the comment per iod. It is

recommended tha t th is proposa l be adopted without change.

ACTION:

B-38 P ROP OSED AMENDMENT: N.J .A.C. 4A:4-4.8, DISP OSITION OF A

CERTIFICATION

Submit ted for the Commission’s approva l is a Not ice of Proposa l to amend

N.J .A.C. 4A:4-4.8, Disposit ion of a cer t ifica t ion . In accordance with N.J . Ct .

R. 1:34-3, the amendment would require an appoin t ing author ity to provide

ver ifica t ion in it s cer t ifica t ion disposit ion repor t to the Civil Service

Commission of the approva l by an Assignment J udge of an appoin tment to

the ca reer service t it les of Municipa l Cour t Administ ra tor and Deputy

Municipa l Cour t Administ ra tor . It is recommended tha t th is proposa l be

approved for publica t ion in the New J ersey Register for public not ice and

comment .

ACTION:

B-39 CIVIL SERVICE COMMISSION MINUTES

Submit ted for adopt ion a re the Civil Service Commission minutes of it s

meet ing of J anuary 11, 2012.

ACTION:

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